Anbarasu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.18399 of 2024 1 ANBARASU 2 MYDEEN BHAVA 3 ANANTHARAJ 4 IRUTHAYARAJ 5 SWEET RAJA 6 DURAI SAMBATH 7 PERNANSA 8 RAJAPPA 9 VEERAPANDI 10 JANAKIRAMAN ... Petitioners/ Petitioners Vs 1 THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, DINDIGUL DISTRICT. 1/4

2 V.MURUGAN ... Respondents / Respondents Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to dispense with the personal appearance of the petitioners in C.C No. 131/2022 on the file of the learned Judicial Magistrate court No.II, Dindigul pending disposal of the Crl O.P Prayer in CRL OP(MD). 18399/ 2024 :

To call for the records pertaining to the C.C No. 131/2022 on the file of the learned Judicial Magistrate court No.II, Dindigul for alleged offences under sec. 143, 283, 341 and 269 IPC and quash the same as so far as the petitioners are concerned Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.A. ARULJENIFER, Advocate for the petitioner and of M/s.K.SANJAI GANDHI, Government Advocate (Crl. Side), on behalf of the Respondents the Court made the following order:- Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondents.

2. Considering the facts and circumstances, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on all the hearings, specifically directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the counsel representing them will cross examine the prosecution 2/4

witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence are insisted by the trial judge for the purpose of identification. If the petitioners adopts any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 28/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 THE JUDICIAL MAGISTRATE, NO.II, DINDIGUL DISTRICT.

2. DO-THROUGH, THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Crl.O.P.(MD)No.18399 of 2024 Date :28/10/2024 PSP/ MMS /SAR /06.11.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4